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(영문) 서울고등법원 2019.06.21 2018나2057224
감리용역비
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of electricity, communication, design and supervision of fire-fighting equipment, etc. The Defendant is a public institution established and operated by the Korea Highway Corporation under the Korea Highway Corporation Act, which is the owner of B electrical construction supervision services (hereinafter “instant services”), and the said electrical construction (hereinafter “instant construction”).

B. The claim for the adjustment of the contract amount by the counter-party to the contract under the provision of Article 16 (Change of Details of Business) (7) of the General Conditions of the contract for supervision service between the plaintiff and the defendant may be paid the adjusted amount by the date of the completion of the contract under the provision of Article 27 (in the case of a long-term continuing contract,

Article 17 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) In case where it is necessary to adjust contract amount due to the modification of other terms and conditions of contract in a service contract in addition to the cases prescribed in Articles 15 and 16, a contracting officer shall adjust it within the extent not exceeding the actual expenses according

(3) The provisions of Article 16 (5) through (7) shall apply mutatis mutandis to the adjustment of contract amount under paragraphs (1) through (2).

Article 32 (Temporary Suspension of Services) (1) A contracting officer may suspend the performance of all or part of services in the following cases:

In such cases, the other party to the contract shall not neglect the duty of due care of a good manager during the period of suspension.

1. Where the performance of services is not in conformity with the terms and conditions;

2. Where suspension is required for the safety of all or part of the services;

3. Where a contracting officer instructs another contracting officer to do so pursuant to the provisions of paragraph (1) of this Article, the contracting officer may not request an extension of the contract period or an additional amount.

Provided, That this shall not apply when the suspension is not due to any cause attributable to the other party.

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